VIOLATIONSTABLE 1EMPLOYER CONDITIONS

Be able to demonstrate that any information provided in respect of a work permit application was accurate during a period of six years, beginning on the first day of the foreign national’s employment

Type A

2.

209.2(1)(b)(ii) and 209.3(1)(c)(ii)

Retain any document that relates to compliance with cited conditions during a period of six years, beginning on the first day of the foreign national’s employment

Type A

3.

209.3(1)(a)(iii)(C)

For employers of a live-in caregiver: have sufficient financial resources to pay wages that were offered

Type A

4.

209.3(1)(c)(i)

Be able to demonstrate that any information provided for the assessment was accurate during a period of six years, beginning on the first day of the foreign national’s employment

Type A

5.

209.4(1)(a)

Report at any time and place specified to answer questions and provide documents

Type A

6.

209.4(1)(b)

Provide required documents

Type A

7.

209.4(1)(c)

Attend any inspection, unless the employer was not notified, give all reasonable assistance to the person conducting the inspection and provide that person with any required document or information

Type A

8.

209.2(1)(a)(ii) and 209.3(1)(a)(ii)

Comply with the federal and provincial laws that regulate employment and the recruiting of employees in the province in which the foreign national works

Type B

9.

209.2(1)(a)(iii) and 209.3(1)(a)(iv)

Provide the foreign national with employment in the same occupation and substantially the same, but not less favourable, wages and working conditions as outlined in the foreign national’s offer of employment

Type B

10.

209.3(1)(a)(iii)(A)

For employers of a live-in caregiver: ensure that foreign national resides in a private household in Canada and provides child care, senior home support care or care of a disabled person in that household without supervision

Type B

11.

209.3(1)(b)(i)

Ensure that the employment of the foreign national will result in direct job creation or retention for Canadian citizens or permanent residents, if that was a factor that led to the issuance of the work permit

Type B

12.

209.3(1)(b)(ii)

Ensure that the employment of the foreign national will result in the development or transfer of skills and knowledge for the benefit of Canadian citizens or permanent residents, if that was a factor that led to the issuance of the work permit

Type B

13.

209.3(1)(b)(iii)

Hire or train Canadian citizens or permanent residents, if that was a factor that led to the issuance of the work permit

Type B

14.

209.3(1)(b)(iv)

Make reasonable efforts to hire or train Canadian citizens or permanent residents, if that was a factor that led to the issuance of the work permit

Type B

15.

209.2(1)(a)(i) and 209.3(1)(a)(i)

Be actively engaged in the business in which the offer of employment was made, unless the offer was made for employment as a live-in caregiver

Type C

16.

209.3(1)(a)(iii)(B)

For employers of a live-in caregiver: provide the foreign national with adequate furnished private accommodation in the household

Type C

17.

209.2(1)(a)(iv) and 209.3(1)(a)(v)

Make reasonable efforts to provide a workplace that is free of abuse within the meaning of paragraph 72.1(7)(a) of these Regulations

Type C

TABLE 2 ADMINISTRATIVE MONETARY PENALTY AMOUNTS

Item

Column 1

Total Number of Points

Column 2

Type A Violation

Column 3

Type B Violation

Column 4

Type C Violation

Individual or Small Business ($)

Large Business ($)

Individual or Small Business ($)

Large Business ($)

Individual or Small Business ($)

Large Business ($)

1.

0 or 1

none

none

none

none

none

none

2.

2

500

750

750

1,000

1,000

2,000

3.

3

750

1,000

1,250

2,000

5,000

10,000

4.

4

1,000

2,000

3,000

7,000

10,000

20,000

5.

5

4,000

6,000

7,000

12,000

15,000

30,000

6.

6

8,000

10,000

12,000

20,000

20,000

40,000

7.

7

12,000

20,000

20,000

30,000

35,000

50,000

8.

8

20,000

30,000

35,000

45,000

45,000

60,000

9.

9 or 10

30,000

45,000

50,000

60,000

60,000

70,000

10.

11 or 12

40,000

60,000

60,000

70,000

70,000

80,000

11.

13 or 14

50,000

70,000

70,000

80,000

80,000

90,000

12.

15 or more

100,000

100,000

100,000

100,000

100,000

100,000

TABLE 3 PERIOD OF INELIGIBILITY

Item

Column 1 Total Number of Points

Column 2 Type A Violation

Column 3 Type B Violation

Column 4 Type C Violation

1.

0 to 5

none

none

none

2.

6

none

none

1 year

3.

7

none

1 year

2 years

4.

8

1 year

2 years

5 years

5.

9 or 10

2 years

5 years

10 years

6.

11 or 12

5 years

10 years

10 years

7.

13 or 14

10 years

10 years

10 years

8.

15 or more

permanent

permanent

permanent

TABLE 4 COMPLIANCE HISTORY

Items

Column 1 Criterion

Column 2 Points

1.

For Type A and Type B violations — first violation

1

2.

For Type A violations — second or subsequent violation

2

3.

For Type B violations — second violation

2

4.

For Type C violations — first violation

2

5.

For Type B violations — third or subsequent violation

3

6

For Type C violations — second violation

3

7.

For Type C violations — third or subsequent violation

4

TABLE 5 SEVERITY OF THE VIOLATION

Item

Column 1 Criterion

Column 2 Points

1.

The employer derived competitive or economic benefit from the violation

0 to 6

2.

The violation involved abuse of a foreign national (physical, psychological, sexual or financial)

0 to 10

3.

The violation negatively affected the Canadian labour market or the Canadian economy

0 to 6

4.

The employer did not make reasonable efforts to minimize or remediate the effects of the violation

0 to 3

5.

The employer did not make reasonable efforts to prevent recurrence of the violation